Impact of Sc Judgement in Vodafone Case on Indian Economy

Abstract

This matter concerns a tax dispute involving theVodafone Group with the Indian TaxAuthorities [the Revenue], in relation to theacquisition by Vodafone International Holdings BV[VIH], a company resident for tax purposes in theNetherlands, of the entire share capital of CGPInvestments (Holdings) Ltd. [CGP], a companyresident for tax purposes in the Cayman Islands [CI]vide transaction dated 11.02.2007, whose stated aim,according to the Revenue, was "acquisition of 67%controlling interest in HEL", being a company residentfor tax purposes in India which is disputed by theappellant saying that VIH agreed to acquirecompanies which in tum controlled a 67% interest,but not controlling interest, in Hutchison EssarLimited (HEL). According to the appellant, CGP heldindirectly through other companies 52% shareholdinginterest in HEL as well as Options to acquire a further15% shareholding interest in HEL, subject to relaxationof FDI Norms. In short, the Revenue seeks to tax thecapital gains arising from the sale of the share capitalof CGP on the basis that CGP, whilst not a tax residentin India, holds the underlying Indian assets. (Para 2of SC Judgment)